Improper asbestos removal means penalties for owner

MIDDLETOWN — Officials will impose penalties on the owner of a building where asbestos was being removed in violation of state regulations, a Labor Department spokeswoman said Friday.

BY HEATHER YAKIN

MIDDLETOWN — Officials will impose penalties on the owner of a building where asbestos was being removed in violation of state regulations, a Labor Department spokeswoman said Friday.

The building in question is the former Classy Leather Goods warehouse at 9-29 Canal St.

On Oct. 14, a city building inspector checked out a tip that workers were about to leave the premises in a van to dump bags of asbestos-containing materials. The inspector shut down the operation on the spot.

"They've sealed up the whole area in there," said Jacob Tawil, Middletown's public works commissioner. "They're not allowed to do anything in there."

The next day, an inspector from the state Labor Department's Asbestos Control Bureau came to check the site.

West Solloway, who owns warehouse tenant Fort Knox Self Storage, has Labor Department documentation that materials containing asbestos were found in the building as recently as June.

"The place is full of it, everywhere," said Solloway. "These guys are busting it up with sledge hammers, busting it off the pipes, no masks or anything."

Solloway said he complained repeatedly to the city and state about improper asbestos removal in the building. The warehouse is also home to a program run by the Family Empowerment Council, which provides services to people with disabilities.

Labor Department spokeswoman Karen Williamson said the property owner will be cited for failing to use a contractor certified in asbestos removal; for using workers not certified to perform asbestos removal; and for doing the job improperly.

The owner listed on property records is Elgin Realty; the city has been working with Rockland County developer Joe Klein, who is listed on Rockland County records as president of the realty company, on proposals to redevelop the property. "Penalties will be assessed," Williamson said. The penalty amount will be determined by Labor Department lawyers.

Klein, who did not return a call for comment, is also working on a development proposal at the former Middletown Psychiatric Center.

Under state law, asbestos removal may be done only by state-certified contractors, using certified workers, proper procedures and proper safety equipment. Contractors are required to give the state 10 days' notice of asbestos work, and must have a valid permit from the Labor Department.